Bernstein v. Planning Board of Stockbridge

These land use cases present a complex knot of interrelated litigation and appeals tied to the constructive approval of a definitive subdivision plan in Stockbridge (town). The four *760appeals, which we address together in this opinion, are appeals by the defendant planning board of Stockbridge (board). The board challenges (1) the entry of summary judgment in the Land Court in favor of the plaintiff developer Stone Ridge Associates, LLC (Stone Ridge3), on Stone Ridge’s application for a special permit to build within an overlay zoning district; (2) an amended summary judgment addressing whether…